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... to admissibility of 404(b) evidence, the offered evidence is inadmissible if the court decides that the notice requirement has not been met. Nothing in the amendment precludes the court from requiring ...
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... when it had to rule and not indulge in review by hindsight."). Similarly, if the court decides in an advance ruling that proffered evidence is admissible subject to the eventual introduction by the ...
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... Learned Hand observed in Di Carlo v. United States , 6 F.2d 364 (2d Cir. 1925), when the jury decides that the truth is not what the witness says now, but what he said before, they are still deciding ...
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